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in the hands of the sheriff, who arrested Major General Dix, Major Barstow, Captain Fundy, Major Powers. and other officers on guard at the offices of The World and Journal of Commerce.

The military gentlemen very courteously submitted to the arrest, and their counsel, E. Delafield Smith, appeared before Judge Russell. Mr. Smith asked for time to examine into the papers and consult with his associate, ex-Judge Pierrepont, as to the future course to be pursued by them. The matter was then adjourned, the defendants in the meantime being released on their own verbal recognizances.

First Session, Thirty-Eighth Congress.

IN SENATE.

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merce, newspapers in the city of New York, unde ircumstances which have been placed before the public, was an act unwarranted in itself, dangerous to the caus of the Union, in violation of the Constitution, and subversive of the principles of civil liberty, and as such is hereby censured by this House.

Several members objected. At a later hour he moved a suspension of the rules for the purpose of offering it, but this motion was rejected-yeas 54, nays 79, as follows:

YEAS-Messrs. James C. Allen, Augustus C. Baldwin, Bliss, Brooks, James S. Brown, Chanler, Coffroth, Cox, Dawson, Denison, Eden, Edgerton, Eldridge, Finck, Grider, Harding, Charles M. Harris, Herrick, Holman, Hutchins, Philip John

1864, May 26-Mr. POWELL offered this res-son, William Johnson, Kalbfleisch, Kernan, King, Krapp, olution, which went over:

Resolved, That the conduct of the executive authority of this Government, in recently closing the offices and suppressing the publication of The World and Journal of Commerce, newspapers in the city of New York, under circumstances which have been placed before the public, was an act unwarranted in itself, dangerous to the cause of the Union, in violation of the Constitution, and subversive of the principles of civil liberty, and as such is hereby censured by the Senate.

IN HOUSE.

Law, Lazear, Mallory, Marcy, McAllister, Mc Dowell, William H. Miller, Morrison, Nelson, Noble, John O'Neill, Pendleton, Pruyn, Radford, Samuel J. Randall, Robinson, James S. Rollins, Ross, Scott, John B. Steele, William G. Steele, Strouse, Voorhees, Wadsworth, Ward, Wheeler, Joseph W. Write, Fernando Wood-54.

NAYS-Messrs. Alley, Ames, Arnold, John D. Baldwin, Baxter, Beaman, Jacob B. Blair, Blow, Boutwell, Boyd, Broomall, William G. Brown, Ambrose W. Clark, Freeman Clarke, Cobb, Cole, Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, Deming, Dixon, Donnelly, Driggs, Eckley, Eliot, Farnsworth, Garfield, Gooch, Grinnell, Higby, Hooper, Hotchkiss, Asahel W. Hubbard, Ingersoll, Jenckes, Julian, Kelley, Francis W. Kellogg, Loan, Longyear, Marvin, Mc

May 23-Mr. GRINNELL asked consent to offer Bride, McClurg, Samuel F. Miller, Moorhead, Morrill, Amos this resolution, but it was objected to:

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Myers, Leonard Myers, Charles O'Neill, Orth, Patterson, Perham, Pike, Pomeroy, Price, William H. Randall, John H. Rice, Edward H. Rollins, Schenck, Scofield, Shannon, Sloan, Smith, Smithers, Spalding, Stevens, Thayer, Thomas, Upson, Elihu B. Washburne, William B. Washburn, Webster, Whaley, Williams, Wilder, Wilson, Windom, Woodbridge-79.

Same day, Mr. ARNOLD offered this resolution, which was adopted:

structed to inquire and report what, if any, additional legis

Resolved, That the Committee on the Judiciary be in

lation may be necessary to punish the forgery and publication of official documents, and what legislation is necessary to punish those who through the press or otherwise give ir formation, aid, or comfort to the rebels.

CONFISCATION AND EMANCIPATION.

CONFISCATION.

First Session, Thirty-Seventh Congress. 1861, August 6-A bill was approved, of which these are the first and fourth sections: That if, during the present or any future insurrection

against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person or persons, his, her, or their agent, attorney, or employee, shall purchase or acquire, sell or give, any property of whatsoever kind or description, with intent to use or employ the same, or suffer the same to be used or employed, in aiding, abetting, or promoting such insurrection or resistance to the laws, or any persons engaged therein; or if any person or persons, being the owner or owners of any such property, shall knowingly use or employ, or consent to the use or employment of the same as aforesaid, all such property is hereby declared to be lawful subject of prize and capture wherever found; and it shall be the duty of the President of the United States to cause the same to be seized, confiscated, and conSEC. 4. That whenever hereafter, during the present in surrection against the Government of the United States, any person claimed to be held to labor or service under the law of any State shall be required or permitted by the person to whom such labor or service is claimed to be due, or by the lawful agent of such person, to take up arms against the United States; or shall be required or permitted by the person to whom such labor or service is claimed to be due, or his lawful agent, to work or to be employed in or upon any fort, navy-yard, dock, armory, ship, entrenchment, or in any military or naval service whatsoever, against the Government and lawful authority of the United States, then, and in every such case, the person to whom such labor or service is claimed to be due shall forfeit his claim to such labor, any law of the State or of the United States to the contrary notwithstanding. And whenever thereafter the person claiming such labor or service shall seek to enforce his claim, it shall be a full and sufficient answer to such

demned.

claim that the person whose service or labor is claimed had been employed in hostile service against the Government of the United States, contrary to the provisions of this act.

This bill, as reported from the Judiciary Committee of the Senate, did not contain the fourth section, and while it was pending in the Senate Mr. TRUMBULL moved to add this as a new section July 22:

That whenever any person claiming to be entitled to the service or labor of any other person under the laws of any State, shall employ such person in aiding or promoting any insurrection, or in resisting the laws of the United States, or shall permit him to be so employed, he shall forfeit all right to such service or labor, and the person whose labor or service is thus claimed shall be thenceforth discharged therefrom, any law to the contrary rotwithstanding.

Which was agreed to-yeas 33, nays 6, as follows:

YEAS-Messrs. Anthony, Bingham, Browning, Chandler, Clark, Collamer, Cowan, Dixon, Doolittle, Fessenden, Foot, Fuster, Grimes, Hale, Harlan, Harris, Howe, Johnson of Ten

nessee, King, Lane of Kansas, McDougall, Morrill, Nesmith, Tomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trum bull, Wade, Wilkinson, Wilmot, Wilson-33.

NAYS-Messrs. Breckinridge, Johnson of Missouri, Kennedy, Pearce, Polk, Powell—6.

The bill then passed without a division.

IN HOUSE.

August 2-The House Committee on the Judicia y reported a substitute for the bill, which provides that whenever hereafter, during the existence of the present insurrection against the Government of the United States, any person held to labor or service under the laws of any State shall be required or permitted, by the person to whom such labor or service is due, or his legal agent, to take up arms against the United States, or to work, or be employed in or about any fort, navy-yard, armory, dock-yard, ship, or in any military or naval service, against the Government of the United States, or as the servant of any person engaged in active hostilities against the United States, then the person to whom such labor is due shall forfeit all claim to such service or labor, any law of any State, or of the United States, to the contrary notwithstanding; and, in case of a claim for such labor, such facts shall be a full and sufficient answer

Which was rejected without a division; when, after debate, the bill was recommitted to the committee.

August 3-The committee reported the Senate bill with a substitute for section four, adopted above in the Senate, being the fourth section of the act as approved.

A motion to table the bill was lost-yeas 47, nays 66; and the amendment was agreed to, and the bill passed-yeas 61, nays 48, as fol

lows:

YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baxter, Beaman, Bingham, Francis P. Blair, Samuel S. Blair, Blake, Buffinton, Chamberlain, Clark, Colfax, Frederick A. Conkling, Covode, Duell, Edwards, Eliot, Fenton, Fessenden, Franchot, Frank, Granger, Gurley, Hanchett, Harrison, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Lansing, Loomis, Lovejoy, McKean, Mitchell, Justin S. Morrill, Olin. Potter, Alexander H. Rice, Edward H. Rollins. Sedgwick, Sheffield, Shel'aberger, Sherman, Sloan, Spaulding, W. G. Steele, Stevens, Benjamin F. Thomas, Train, Van Horn, Verree, Wallace, Charles W. Walton, E. P. Walton, Wheeler, Albert S. White, Windom-61. NAYS-Messrs. Allen, Ancona, Joseph Baily, George H. Browne, Burnett, Calvert, Cox, Cravens, Crisfield, Crittenden, Diven, Dunlap, Dunn, English, Fouke, Grider, Haight, Hale, Harding, Holman, llorton, Jackson, Johnson, Law,

May, McClernand, McPherson, Mallory, Menzies, Morris, Noble, Norton, Odell, Fendleton, Porter, Reid, Robinson, James S. Rollins, Shiel, Smith, John B. Steele, Stratton, Francis Thomas, Vallandigham, Voorhees, Wadsworth, Webster, Wickliffe-48.

August 5-The Senate concurred in the amendment of the House-yeas 24, nays 11, as follows:

YEAS-Messrs. Anthony, Bingham, Browning, Clark, Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harris, King, Lane of Indiana, Lane of Kansas, MeDougall, Sherman, Simmons, Sumuer, Ten Eyck, Trumbull, Wade, Wilson-24.

NAYS-Messrs. Breckinridge, Bright, Carlile. Cowan, Johnson of Missouri, Latham, Pearce, Polk, Powell, Rice, Suulsbury-11.

Second Session, Thirty-Seventh Congress. 1862, July 17-A bill was approved to "suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," which contains these provisions:

That every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty, shall suffer death, or be imprisoned not less than five years and fined not less than $10,000, (the fine to be levied on all property excluding slaves,) and all his slaves, if any, shall be declared and made free.

That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, or by a fine not exceeding ten thousand dollars, and by the liberation of all his slaves, if any he have; or by both of said punishments, at the discretion of the court.

That every person guilty of either of the offences described in this act shall be forever incapable and disqualified to hold any office under the United States.

That this act shall not be construed in any way to affect or alter the prosecution, conviction, or punishment of any person or persons guilty of treason against the United States before the passage of this act, unless such person is convicted under this act.

That, to insure the speedy termination of the present rebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits, and effects of the persons hereinafter named in this section, and to apply and use the same and the proceeds thereof for the support of the army of the United States, that is to say:

First. Of any person hereafter acting as an officer of the army or navy of the rebels in arms against the Government of the United States.

Secondly. Of any person hereafter acting as President, Vice President, member of Congress, judge of any court, cabinet officer, foreign minister, commissioner or consul of the socalled Confederate States of America.

Thirdly. Of any person acting as Governor

of a State, member of a convention or legisla ture, or judge of any court of any of the socalled Confederate States of America.

Fourthly. Of any person who, having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the socalled Confederate States of America.

Fifthly. Of any person hereafter holding any office or agency under the Government of the so-called Confederate States of America, or under any of the several States of the said Confederacy, or the laws thereof, whether such office or agency be national, State, or municipal in its name or character: Provided, That the persons, thirdly, fourthly, and fifthly above described, shall have accepted their appointment or election since the date of the pretended ordinance of secession of the State, or shall have taken an oath of allegiance to, or to support the Constitution of the so-called Confederate States.

Sixthly. Of any person who, owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to such rebellion; and all sales, transfers, or conveyances of any such property shall be null and void; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

That if any other persons in armed rebellion, or abetting it, shall not, within sixty days after proclamation to be made, return to their allegiance, all their estate and property shall be liable to seizure, and it shall be the duty of the President to seize and use them as aforesaid.

To secure condemnation and sale of such property, proceedings in rem shall be instituted in the name of the United States in any district or territorial court thereof within which the property may be found, &c.

That all slaves of persons who shall hereafter be engaged in rebellion against the Government of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons and taking refuge within the lines of the army; and all slaves captured from such persons or deserted by them and coming under the control of the Government of the United States; and all slaves of such persons found on [or] being within any place occupied by rebel forces and afterwards occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitude and not again held as slaves.

That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime or some offence against the laws, unless the person claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto; and no person engaged in the military or naval service of the United States shall,

under any pretence whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service.

NAYS-Messrs. Bayard, Browning, Carlile, Cowan, Davis, Henderson, Kennedy, McDougall, Powell, Saulsbury, Stark, Willey, Wilson of Missouri-13.

THE JOINT RESOLUTION.

omitting the last clause, and which passed the House without a division.

July 15-Mr. MAYNARD, on a suspension of That the President of the United States is the rules, (yeas 68, nays 33,) introduced the authorized to employ as many persons of Afri-joint resolution, which is the same as the above, can descent as he may deem necessary and proper for the suppression of this rebellion, and for this purpose he may organize and use them in such manner as he may judge best for the public welfare.

That the President of the United States is

hereby authorized to make provision for the transportation, colonization, and settlement, in some tropical country beyond the limits of the United States, of such persons of the African race made free by the provisions of this act as may be willing to emigrate, having first obtained the consent of the Government of said country to their protection and settlement within the same, with all the rights and privileges of freemen.

That the President is hereby authorized, at any time hereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.

Same day--This joint resolution was approved:

That the provisions of the third clause of the fifth section of "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," shall be so construed as not to apply to any act or acts done prior to the passage thereof; nor to include any member of a State Legislature, or judge of any State court, who has not in accepting or entering upon his office, taken an oath to support the Constitution of the socalled Confederate States of America; nor shall any punish

ment or proceedings under said act be so construed as to work a forfeiture of the real estate of the offender beyond

his natural life.

VOTE ON THE BILL.

July 11-The bill, being the report of a committee of conference, passed the House--yeas 82, nays 42. as follows:

July 16-In SENATE,

Mr. CLARK moved to add the last clause. Mr. POWELL moved to strike out the word "real"; which was rejected-yeas 6, nays 31, as follows:

YEAS-Messrs. Davis, Henderson, Powell, Saulsbury, Stark, Wilson of Missouri-6.

NAYS-Messrs. Anthony, Browning, Chandler, Clark, Cowan, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Lane of Kansas, McDougall, Morrill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts, Wright―31.

The amendment of Mr. CLARK was agreed to-yeas 25, nays 15, as follows:

YEAS-Messrs. Anthony, Browning, Chandler, Clark, Collamer, Cowan, Doolittle, Fessenden, Foot, Foster, Hale, Harris, Henderson, Howard, Howe, Lane of Kansas, Morill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Willey, Wilson of Massachusetts, Wright-25.

NAYS-Messrs. Carlile, Davis, Grimes, Harlan, Kennedy,

King, Lane of Indiana, Powell, Saulsbury, Stark, Trumbull,
Wade, Wilkinson, Wilmot, Wilson of Missouri-15.
July 17-The PRESIDENT sent this message
to Congress:

Fellow-Citizens of the Senate and

House of Representatives: Considering the bill for "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," and the joint resolution explanatory of said act, as being substantially one, I have approved and signed both.

Before I was informed of the resolution, I had prepared the draft of a message, stating objections to the bill becoming a law, a copy

of which draft is herewith submitted.

July 12, 1862.

ABRAHAM LINCOLN.

[Copy.]

Fellow-Citizens of the House of Representatives: I herewith return to your honorable body, in which it originated, the bill for an act entitled "An act to suppress treason and rebellion, toze and confiscate the property of rebels, and for other purposes," together with my objections to its becoming a law.

YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Baxter, Beaman, Bingham, Jacob B. Blair, Samuel S. Blair, Blake, Buflinton, Campbell, Casey, Clark, Colfax, Frederick A. Conkling, Roscoe Conkling, Covode, Cutler, Davis, Dawes, Daell, Dunn, Edwards, Eliot, Ely, Fenton, Fessenden, Fisher, Frank, Gooch, Goodwin, Gurley, Hale, Hooper, Hutchins, There is much in the bill to which I perceive no objecJulian, Kelley, Francis W. Kellogg, William Kellogg, Lantion. It is wholly prospective; and it touches neither sing. Loomis, Lovejoy, Low, McKnight, McPherson, May-person or property of any loyal citizen, in which particular nard, Mitchell, Moorhead, Anson P. Morrill, Justin S. Mor- it is just and proper. rill, Nixon, Patton, Timothy G. Phelps, Pike, Porter, Potter, Alexander H. Rice, John II. Rice, Riddle, Edward H. Rollins, Sargent, Sedgwick, Shanks, Shellabarger, Sherman, Stevens, Stratton, Trimble, Trowbridge, Van Horn, Verree, Wall, Wallace, Walton, Washburne, Wheeler, Albert S. White, Wilson, Windom, Worcester-82.

NAY-Messrs. William Allen, William J. Allen, Ancona, Baily, Biddle, George H. Browne, Clements, Cobb, Cor, Crisfie'd, Crittenden, Dunlap, Fouke, Granger, Grider, Haight, Hall, Harding, Holman, Kerrigan, Knapp, Law, Lazear, Lehman, Mallory, Menzies, Morris, Nugen, Odell, Pendleton, James S. Rollins, Segar, Shiel, John B. Steele, William G. Steele, Stiles, Benjamin F. Thomas, Francis Thomas, Ward, Webster, Wickliffe, Wood-42.

July 12-The bill passed the Senate-yeas 28, nays 13, as follows:

YEAS-Messrs. Anthony, Chandler, Clark, Doolittle, Fessenden, Foot, Foster, Grimes, Hale, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Lane of Kansas, Morrill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts, Wright-23.

The first and second sections provide for the conviction and punishment of persons who shall be guilty of treason, and persons who shall "incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shail give aid or comfort thereto, or shall engage in or give aid and comfort to any such existing rebellion or insurrection." By fair construction, persons within those sections are not punished without regular trials in duly constituted courts under the forms and all the substantial provisions of law and the Constitution applicable to their several cases. To this I perceive no objection; especially as such persons would be within the general pardoning power, and also the special provision for pardon and amnesty contained in this act. It is also provided that the slaves of persons convicted fortunate form of expression, rather than a substantial objection, in this. It is startling to say that Congress can free a slave within a State, and yet if it were said the ownership of the slave had first been transferred to the nation, and Congress had then liberated him, the difficulty would at once vanish. And this is the real case. The traitor against the General Government forfeits his slave at least as justly

under these sections shall be free. I think there is an un

as he does any other property; and he forfeits both to the Government against which he offends. The Government, so far as there can be ownership, thus owns the forfeited slaves, and the question for Congress in regard to them is, "shall they be made free or sold to new masters?" I perceive no objection to Congress deciding in advance that they shall be free. To the high honor of Kentucky, as I am informed, she is the owner of some slaves by escheat, and has sold none, but liberated all. I hope the same is true of some other States. Indeed, I do not believe it will be physically possible for the General Government to return persons so circumstanced to actual slavery. I believe there would be physical resistance to it, which could neither be turned aside by argument nor driven away by force. In this view I have no objection to this feature of the bill. Another matter involved in these two sections and running through other

parts of the act will be noticed hereafter.

within them is clear. That those who make a causeless war

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1862, May 14-The Select Committee consisting of Messrs. Eliot of Mass., Sedgwick of New York, Noell of Missouri, Hutchins of Ohio, Mallory of Kentucky, Beaman of Michigan, and Cobb of New Jersey, reported two bills-one "to confiscate the property of rebels for the payment of the expenses of the present rebellion, and for other purposes;" and the other "to free from servitude the slaves of rebels engaged in or abetting the existing rebellion against the Government of the United States."

I perceive no objections to the third and fourth sections. So far as I wish to notice the fifth and sixth sections, they may be considered together. That the enforcement of these sections would do no injustice to the persons embraced should be compelled to pay the cost of it is too obviously just to be called in question. To give governmental protecThe former bill was first considered. It tion to the property of persons who have abandoned it and provided "that all the estate and property, gone on a crusade to overthrow that same Government is absurd, if considered in the mere light of justice. The se- money, stocks, credits, and effects of the persons verest justice may not always be the best policy. The prin- hereafter named in this section, are hereby ciple of seizing and appropriating the property of the person forfeited to the Government of the United States, embraced within these sections is certainly not very objec- and are declared lawful subjects of seizure and tionable, but a justly discriminating application of it would be very difficult, and, to a great extent impossible. And of prize and capture wherever found, for the inwould it not be wise to place a power of remission some-demnity of the United States against the exwhere, so that these persons may know they have something to lose by persisting and something to gain by desisting? I penses of suppressing the present rebellion." am not sure whether such power of remission is or is not The classes are substantially as stated in the within section thirteen. Without any special act of Con- act, and the provisions of the bill are, in large gress, I think our military commanders, when, in military phrase, they are within the enemy's country," should, in part, those of the act. an orderly manner, seize and use whatever of real or personal property may be necessary or convenient for their commands; at the same time preserving, in some way, the evidence of what they do.

What I have said in regard to slaves while commenting on the first and second sections is appplicable to the ninth,

Pending its consideration,

May 26-Mr. RoscoE CON KLING moved the addition of the proviso to the fifth clause of the fifth section, which was agreed to-yeas 100, nays 50-as follows:

with the difference that no provision is made in the whole act for determining whether a particular individual slave YEAS-Messrs. Aldrich, Alley, Arnold, Ashley, Babbitt, Badoes or does not fall within the classes defined in that sec-ker, Baxter, Beaman, Francis P. Blair, Jacob B. Blair, Samuel tion. He is to be free upon certain conditions; but whether those conditions do or do not pertain to him, no mode of ascertaining is provided. This could be easily supplied. To the tenth section I make no objection. The oath therein required seems to be proper, and the remainder of the section is substantially identical with a law already existing.

The eleventh section simply assumes to confer discretionary power upon the Executive. Without the law, I have no hesitation to go as far in the direction indicated as I may at any time deem expedient. And I am ready to say now, I think it is proper for our military commanders to employ, as laborers, as many persons of African descent as can be used to advantage.

The twelfth and thirteenth sections are something better than objectionable; and the fourteenth is entirely proper, if all other parts of the act shall stand.

That to which I chiefly object pervades most part of the act, but more distinctly appears in the first, second, seventh, and eighth sections. It is the sum of those provisions which results in the divesting of title forever.

For the causes of treason and ingredients of treason, not amounting to the full crime, it declares forfeiture extending beyond the lives of the guilty parties; whereas the Constitution of the United States declares that "no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted." True, there is to be no formal attainder in this case; still, I think the greater

punishment cannot be constitutionally inflicted, in a differ

ent form, for the same offence.

With great respect I am constrained to say I think this feature of the act is unconstitutional. It would not be

difficult to modify it.

I may remark that the provision of the Constitution, put in languago borrowed from Great Britain, applies only in this country, as I understand, to real or landed estate.

Again, this act, in rem, forfeits property for the ingredients of treason without a conviction of the supposed criminal, or a personal hearing given him in any proceeding. That we may not touch property lying within our reach because we cannot give personal notice to an owner who is absent endeavoring to destroy the Government is certainly satisfactory. Still, the owner may not be thus engaged; and I think a reasonable time should be provided for such parties to appear and have personal hearings. Sim

S. Blair, Blake, William G. Brown, Buflinton, Campbell,
Chamberlain, Clark, Clements, Colfax, Frederick A. Conkling,
Roscoe Conkling, Cutler, Davis, Dawes, Delano, Duell, Dunn,
Edgerton, Edwards, Eliot, Ely, Fenton, Fessenden, Fish'
Frank, Gooch, Goodwin, Granger, Gurley, Hanchett, Har n
son, Hickman, Hooper, Horton, Hutchins, Julian, Kelley,
Francis W. Kellogg, William Kellogg, Killinger, Lansing,
Loomis, Lovejoy, McKnight, McPherson, Mitchell, Mour-
head, Anson P. Morrill, Justin S. Morrill, Nixon, Noell, in,
Patton, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter,
Price, Alexander H. Rice, John II. Rice, Riddle, Edward H.
Rollins, Sargent, Sedgwick, Shanks, Sheffield, Sloan, Saith,
Spaulding, Stevens, Stratton, Benjamin F. Thomas, F. ancis
Thomas, Train, Trimble, Trowbridge, Van Horn, Van Val-
kenburgh, Verree, Wall, Wallace, E. P. Walton, Washburne,
Wheeler, Whaley, Albert S. White, Wilson, Windom, Wor-

cester-100.

NAYS-Messrs. Allen, Ancona, Baily, Biddle, George H. Browne, Calvert, Cobb, Corning, Cox, Cravens, Crisfield, Crittenden, Dunlap, English, Grider, Haight, Hall, Harding, Holman, Johnson, Kerrigan, Knapp, Law, Lazear, Leary, Lehman, Mallory, Maynard, Menzies, Noble, Norton, Nugen, Odell, Pendleton, Perry, John S. Phelps, Richardson, Rob insom, James S. Rollins, Shiel, John B. Steele, William G. Steele, Vallandigham, Voorhees, Wadsworth, Ward, Webster, Wickliffe, Wood, Woodruff-50.

Mr. MAYNARD submitted a substitute, defining the offence of treason and affixing the penalty of death by hanging; "and if the offender shall theretofore have held any office under the Government of the United States, of honor or profit, whether military, naval, or civil, he shall be adjudged in a fine at least equal to the It also proven value of his entire estate." defines misprision of treason, and affixes the punishment of confinement at hard labor for not less than five years and a fine equal to his or her entire estate. It makes other offences, described, high misdemeanors, punishable, on conviction, with fine not less than $100, and

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